I could be wrong about Ben lying in the ditch, but somewhere in this story someone was lying in the ditch, weren't they? Maybe it was the Bahner brothers?
Diane was a bail bonds person - I'm sure she got to know a lot of prison inmates. I doubt that his sentence was reduced based on the fact LE investigated and found it to be a hoax. Keep in mind that what is on the tapes is likely not the whole "story". Just because he didn't tell Diane M about seeing the two men taking Jacob, doesn't mean he didn't tell LE. From the article, it says he told a KSTP reporter.
IMO, no one was lying in a ditch (except possibly whoever made the sound that Aaron heard on his way to the store.) We have heard about the B brothers coming "up out of the ditch." cGorg transcribed the "Ben" tape back on 8/13 (thread 5, post #126):
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08-05-2013, 10:27 PM
cGorg
Registered User
Join Date: Jul 2013
Posts: 357
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The 'tapes' are back up on YouTube....I translated the one featuring Ben the eyewitness. Let me know if I've missed any words or utterances.
Ben: and uh...about eight....uh twenty to nine I uh got ready to go home and I looked up the road towards where Jacob and them were...uh...where they got kidnapped.
Interviewer: yeh
Ben: and uh...I seen...uh...Michael and Richard and they were coming up out of the woods.... right into the big tall grass.
Interviewer: ah ah
Ben:....up out of the ditch. And that's what I seen before I went down the hill to go home. And then uh..I....
Interviewer: was that right...was that right by the site?
Ben: yeh. It's right by where he got kidnapped.
Interviewer: ah ah
Ben: and...uh...I seen Jacob, and Aaron, and his little brother Trevor when me and my dad were coming back from the Tom Thumb that night. We seen them going to Tom Thumb. But they must have....they came up the other way coming back to Tom Thumb up the hill.
Interviewer: hmm hmm
Ben: the next day I heard that he got kidnapped.
Interviewer: and you knew the Bahners were down there in the ditch when you left?
Ben: yep
Interviewer: and that was about what....twenty to nine?
Ben: yep...twenty to nine
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According to this, Ben was leaving someone's home walking, when he looked UP the road toward the abduction site. He saw the Bahner brothers come out of the woods, into the tall grass and coming up out of the ditch. Then later, when he was in a car with his dad returning from the Tom Thumb store, he saw the 3 boys on their way TO the store. He says he did not see them coming back, because they must have gone the "other way" which seems to imply that Ben lived right on 91st/15th Ave. (Because he would have seen them from his house if they had come back the same way they went to the store.) There was sort of a rectangular "loop" from the Tom Thumb store back to 91st - the boys may have gone to the store one way, and come back on the other side of that loop.
I'm not sure these stories can be totally discounted either. It would have been nice if DM hadn't interrupted so much, or put words in the heads of those she was interviewing, but I think some of this may be accurate. Ben may have seen "someone" and just assumed it was the B brothers by their silhouettes, because it would have already been dark by 9.
There is also a transcript of the MB interview here:
http://www.joybaker.com/wp-content/2013/07/StearnTruth_MichaelBahnerInterview.pdf
if you want to look it over without having to try and listen to it. I'm curious about the "Wes Underwood" reference right near the end of that one. The handcuffing sounds like some cop who may have been harassing the B brothers??
Good find on Ben's last name, ELOCsoul!